Per Nolo: “Before you file your certificate of formation, you’ll need to have bylaws that comply with Texas law. Your bylaws contain the rules and procedures your HOA corporation will follow for holding meetings, electing officers and directors, and taking care of other corporate formalities required in Texas. The bylaws govern how the HOA operates and contain the information needed to run the HOA as a business. Your bylaws are your “internal operating manual” for your HOA/POA Board. Up until 2011, they did not have to be filed with the county, but an amendment to Property Code 202.006 changed that. They must be filed to be legal.
An HOA, which is typically set up as a nonprofit corporation, is an organization established to manage a private, planned community. Like other corporations, the HOA is governed by a board of directors (who are elected by the members) and a set of rules called bylaws. It is important that you understand that the Bylaws govern the HOA corporation and board members only, they SHOULD NOT include any property deed restrictions.
The original bylaws for HLECC were not filed with the Polk County Clerk or the Secretary of State, so I need to thank 2 people, Tom Messner and Jill Nelson, for allowing me to get two different documents (from 1992 & 2013) to verify the validity of the Bylaws I am posting here. Thank You !
Thanks: 1000 loans